THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY
Disabled Veteran Business Enterprise (DVBE) Participation Requirement
I.
STATEMENT OF DVBE PARTICIPATION GOAL REQUIREMENT
State law requires that state agencies achieve a goal of three (3) percent participation for
disabled veteran business enterprises (DVBE) in state contracts.
Read this document carefully. Failure to comply with the DVBE requirement may cause
your bid to be deemed nonresponsive and your firm ineligible for award of this
contract.
II.
DEFINITIONS
The following definitions have general applicability throughout this document.
III.
A.
Trustees as used herein, means the Board of Trustees of the California State
University and includes any division or campus thereof which has been delegated
the authority to enter into contracts on behalf of the Trustees, and any person acting
under authority of such delegation.
B.
Bidder as used herein means any person or entity making an offer or proposal,
competitively or non-competitively, for the purpose of securing the awarding or
letting of a contract by the Trustees.
C.
Disabled Veteran as used herein means a veteran of the military, naval or air
services of the United States with at least a 10 percent service-connected disability
who is a resident of the State of California.
D.
Disabled Veteran Business Enterprise (DVBE) as used herein means a business
concern certified by the Office of Small Business and DVBE Services Certification
Programs.
SATISFACTION OF THE DVBE PARTICIPATION GOAL REQUIREMENT
In order to satisfy and be responsive to this requirement, the bidder must meet the DVBE
Participation Goal as follows:
A. DVBE Participation Goal Attainment
The three (3) percent Disabled Veteran Business Enterprise (DVBE) Participation
Goal is attained when:
(a)
The bidder is not a DVBE and is committed to use DVBEs for not less than
three (3) percent of the contract dollar amount; or
(b)
The bidder is a DVBE and committed to performing not less than three (3)
percent of the contract dollar amount with its own forces or in combination
with those of other DVBEs.
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B.
Approved Utilization Plan
1. General
In satisfaction of the DVBE participation goal requirement, State law permits
bidders bidding on contracts for materials, supplies, or equipment, including
electronic data processing (“EDP”) goods and services to submit a DVBE
Utilization Plan that has been approved, prior to the final bid due date, by the
California State Department of General Services (DGS) Procurement Division in
Sacramento. For more information contact DGS. Also see their internet site:
http://www.pd.dgs.ca.gov/Publications/utilization.htm .
AN APPROVED UTILIZATION PLAN MAY NOT BE USED TO SATISFY THE DVBE
PARTICIPATION GOAL REQUIREMENT FOR ANY PUBLIC WORKS CONTRACT.
IV.
DVBE PARTICIPATION GOAL DOCUMENTATION REQUIREMENTS
A.
General
The bidder must clearly document how it intends to meet the DVBE participation
goal requirement by completing the require forms and (if appropriate) disclosing any
relevant information about their planned use of DVBE’s.
B.
Required Documentation
The DVBE documentation forms that must be completed are as follows and
instructions for completing the required forms correctly are included to assist the
bidder.
1. DVBE Transmittal Form
Bidders must fill out and attach the DVBE Transmittal Form as a cover sheet to
the required documents and submit it and the additional required documentation
within the timeframe specified in the bid solicitation, or if not specified therein,
within a timeframe otherwise designated by the Trustees. All requested DVBE
documentation must be completed on the forms provided and submitted with the
DVBE Transmittal Form.
2. Summary of Disabled Veteran Owned Business Participation (Attachment 1)
Attachment 1, Summary of Disabled Veteran Owned Business Participation, must
be completed showing the type of work and company proposed for DVBE
participation, their subcontractors (if any), and other related information.
Complete the form providing the information as follows:
(a)
Company Name - list the name of the company proposed for DVBE
participation. If the prime contractor is a DVBE, its name must also be
listed to receive participation credit.
(b)
Nature of Work - identify the proposed work or service to be provided by
the listed company.
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(c)
Contracting With - list the name of the department or company with which
the company listed is contracting.
(d)
TIER - the contracting tier should be indicated with the following level
designations:
0 = Prime contractor;
1 = First tier subcontractor/supplier;
2 = Second tier subcontractor/supplier of first tier subcontractor/ supplier;
3 = Third tier subcontractor/supplier of second tier subcontractor/
supplier; etc.
(e)
Claimed DVBE Value - the total dollar amount of the value claimed by a
disabled veteran business enterprise.
(f)
Percentage of Contract - compute the percentage (%) the claimed DVBE
value is of the total contract dollar amount.
(g) DVBE Certification - The bidder must include one copy of the DVBE
certification letter from the Office of Small Business Services and DVBE
Services Certification Programs for each DVBE firm listed on the Summary
of Disabled Veteran Owned Business Participation.
3. Bidder’s Certification (Attachment 2)
The bidder must sign and include the Bidder’s Certification, certifying that each
firm listed on the Summary of Disabled Veteran Owned Business Participation
(Attachment 1) complies with the legal definition of DVBE.
C.
Timeframe for Submitting Documentation
The DVBE participation documentation must be submitted within the timeframe
specified in the bid solicitation, or if not specified therein, within a timeframe
otherwise designated by the Trustees. Failure to submit full and accurate
documentation within the specified or designated timeframe will result in your firm
being deemed non-responsive, and thus ineligible for award of the contract.
V.
USE OF PROPOSED DVBE
If awarded the contract, the successful bidder must use the DVBE subcontractors and/or
suppliers proposed in its bid proposal unless it has requested substitution and has
received approval of the Trustees in compliance with the Subletting and Subcontracting
Fair Practices Act.
Failure to adhere to at least the DVBE participation proposed by the successful bidder may
be considered a material breach of the contract and cause for contract termination and
recovery of damages under the rights and remedies due the Trustees under the default
section of the contract.
VI.
REPORTING OF DVBE UTILIZATION
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If awarded the contract the successful bidder shall report to the campus, on a periodic basis
established in the contract, the dollar amount of DVBE participation.
VII. ADDITIONAL DVBE INFORMATION SOURCES
A.
For more information regarding DVBE certification, copies of directories or for
general DVBE information, contact:
Office of Small Business and DVBE Services, Room 1-400
P.O. Box 989052,
West Sacramento, CA 95798-9052 (mailing address)
Office of Small Business and DVBE Services
707 Third Street, First Floor, Room 400
West Sacramento, CA 95605 (physical address)
Telephone number: (800) 559-5529 or (916) 375-4940 or by fax at (916) 375-4950
Email: osdchelp@dgs.ca
Or, via the Internet at http://www.pd.dgs.ca.gov/dvbe/aboutcerts.htm
VIII.
CONTRACT AUDITS
Contractor agrees that the Trustees or its delegate will have the right to obtain, review, and
copy all records pertaining to performance of the contract, including but not limited to
reports of payments made to subcontractors during the term of a contract. Contractor
agrees to provide the Trustees or its delegate with any relevant information requested and
shall permit the Trustees or its delegate access to its premises, upon reasonable notice,
during normal business hours for the purpose of interviewing employees and inspecting
and copying such books, records, accounts, and other material that may be relevant to a
matter under investigation for the purpose of determining compliance with this
requirement. Contractor further agrees to maintain such records for a period of three (3)
years after final payment under this contract.
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THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY
Disabled Veteran Business Enterprise (DVBE) Participation Requirement
DVBE Transmittal Form
The DVBE Transmittal Form is to be attached and used as a cover sheet for the required
DVBE documentation that must be submitted within the time frame specified in the bid
solicitation.
Campus:
Project Name:
Project Number:
Bid Date:
Name of Contractor Submitting Bid:
Please check off the following to insure you have included them in your documentation:
____ Attachment 1: Summary of DVBE Participation
____Attachment 2: Bidder’s Certification of DVBE Status of Subcontractors and Suppliers
____ Attachment of Any Additional Supporting Documentation
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THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY
Attachment 1
SUMMARY OF DISABLED VETERAN OWNED BUSINESS PARTICIPATION
COMPANY NAME
NATURE OF WORK
CONTRACTING WITH
TIER
CLAIMED
DVBE
VALUE $
PERCENTAGE OF
CONTRACT (%)
OSDS DVBE
CERTIFICATION
I declare under penalty of perjury, under the laws of the State of California, that the information herein is true and correct to the best of my knowledge.
Executed on: ___________________________, at _____________________________ in the state of ____________________________
Date
City
Signature of Contractor or Authorized Agent
Project Name
Project Number
Printed Name
Firm Name
Telephone
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THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY
Attachment 2
BIDDER'S CERTIFICATION
DISABLED VETERAN BUSINESS ENTERPRISE
STATUS OF SUBCONTRACTORS AND SUPPLIERS
I hereby certify that I have made a diligent effort to ascertain the facts with regard
to the representations made herein and, to the best of my knowledge and belief, each
firm set forth in this bid as a disabled veteran business enterprise complies with the
relevant definition set forth in law. In making this certification, I am aware of Section
12650 et seq. of the Government Code providing for the imposition of treble damages
for making false claims against the State, Section 10115.10 of the Public Contract Code
making it a crime to intentionally make an untrue statement in this certificate, and the
provisions of Section 999.9 of the Military and Veterans Code.
Date
Signature of Authorized Agent
Title
CRL:016:08/26/09